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m <br /> Z <br /> ■ 511 r4'r:i: :' ,' , ,,,,, 2:3 <br /> 4.:_M <br /> cs. 1.0■1 i — •• \ V) p i ... , m Cr) <br /> -P S <br /> 0 I t ' -' Cr1 —1 <br /> — , t, r, X1 CD <br /> ■ <br /> .._. . <br /> 7 ....c = <br /> A._ <br /> c., ._....,_, ors ---1 <br /> Cn (Jo O Co <br /> WHEN RECORDED MAIL TO: <br /> Exchange Bank <br /> GI-Allen Drive Branch Vcsit VO <br /> P Box Allen Dr <br /> PO Box 5793 3 <br /> Grand Island,NE 68802 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> 1 OP THIS DEED OF TRUST is dated October 30, 2015, among UMBRELLA DEVELOPMENT LLC, A <br /> 1 Nebraska Limited Liability Company ("Trustor"); Exchange Bank, whose address is GI - Allen <br /> F+ Drive Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below <br /> t sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank , whose address <br /> is PO Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating o the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, <br /> State of Nebraska: <br /> Lot Six (6), Block Eighty-Two (82), in Wheeler and Bennett's Fourth Addition to the City of <br /> Grand Island, Hall County, Nebraska <br /> The Real Property or its address is commonly known as 304 E 15th St, Grand Island, NE <br /> 68801. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br /> plus interest thereon, of Trustor to Lender, or any one or more of them, as well-as all claims by Lender against Trustor <br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br /> whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br /> may be or hereafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br /> Trustor, together with all interest thereon. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br /> interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br /> Trustor's obligations under the Note,this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br /> Property shall be governed by the following provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br /> control of the Property; (2) use,operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br /> replacements, and maintenance necessary to preserve its value. <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br /> Trustor's ownership of the Property,there has been no use, generation, manufacture, storage, treatment, disposal, <br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />